Chair Pro-Tem Johnson
opened the hearing with the
Pledge of Allegiance and asked for public comment on the County Budget and Land
Use Code. No one from the audience addressed the Board regarding these
topics.

Chair
Pro-Tem Johnson explained
that the following items were on the consent agenda and would not be discussed
unless requested by the Board, staff, or members of the audience:

1. BUNKER
LOT SIZE APPEAL, FILE #09-G0170:
This is a request for approval of a
lot size appeal to allow for the creation of 1.46 acre lot in the FA-1 Farming
zoning district where the minimum lot size is 2.3 acres. The property owners
have requested this lot size appeal due to
a split rail fence that has
been in place for over 30 years between the subject property and the adjacent
property. The owners of both properties assumed the fence was along the common
property boundary but it was recently discovered that the fence follows a
different angle than the property line; therefore, the owners have proposed a
Boundary Line Adjustment to adjust the location of the property line to follow
the fence. Because the 1.5-acre parcel would be reduced in size by 931-square-feet,
the owner of the property must receive approval of a lot size appeal from the
Board of County Commissioners.

Staff recommends that the Board of County Commissioners approve
the Bunker Lot Size Appeal, file# 09-G0170.

2. RKL MINOR LAND DIVISION, FILE
#09-S2892:
This is a request for a
Minor Land Division on a 100.23-acre lot to create two separate lots.
The subject property is located on the north side of County Road 70, west of
Interstate 25. The property owners currently reside in the residence located on
proposed Lot 1. The property is irrigated by means of a pivot, which accounts
for the proposed configuration of the MLD lots, with Lot 1 located outside of
the pivot irrigation area, and the balance of the land, to remain under
irrigation and in agricultural production, as Lot 2.

Staff
recommends approval of the RKL Minor Land Division, file# 09-S2892, subject to
the following conditions (and authorization for the chairperson to sign the
plat when the conditions are met and the plat is presented for signature):

1. All
conditions of approval shall be met and the final plat recorded by February 10,
2010, or this approval shall be null and void.

2. Prior
to the recordation of the final plat, the application shall make the technical
corrections required by Dale Greer, Land Surveyor of the Larimer County
Engineering Department.

3. The
final plat must include the right-of-way dedications as noted in the comments
from the Engineering Department in their memo dated June 16, 2009.

3. CRYSTAL
LAKES 3RD FILING, LOTS 69 & 71 LOT CONSOLIDATION AND EASEMENT
VACATION, FILE #09-S2893:
This is a request for a lot
consolidation to combine Lots 69 and 71 of Crystal Lakes 3
rd Filing, in addition to the
vacation of a 14-foot utility easement along the common lot line. If approved,
the recording instrument for this application will be a Findings and Resolution
from the Board of County Commissioners.

1. All
conditions of approval shall be met and the final resolution of the County
Commissioners recorded by February 10, 2010, or this approval shall be null and
void.

2. The
resultant lot is subject to any and all covenants, deed restrictions or other
conditions that apply to the original lots.

4. HORSETOOTH LAKES ESTATES LOTS 239 & 240 LOT
CONSOLIDATION, FILE #09-S2894:
This request is to combine
two adjacent lots, Lots 239 and 240, of Horsetooth Lake Estates, into one lot
so the primary residence is on one lot.

The proposed Lot Consolidation of Lots 239 & 240 in Horsetooth
Lake Estates will not adversely affect any neighboring properties or any County
agency. The proposed lot consolidation will not result in any additional lots
and no other services will be affected. Staff finds that the request meets the
requirements of the Larimer County Land Use Code and recommends approval of the
Lot Consolidation of Lots 239 & 240 in Horsetooth Lake Estates, file
#09-S2894, subject to the following conditions:

1. All
conditions of approval shall be met and the final resolution of the County
Commissioners recorded by February 10, 2010, or this approval shall be null and
void.

2. The
resultant lot is subject to any and all covenants, deed restrictions or other
conditions that apply to the original lots.

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O T I O N

Commissioner
Donnelly moved that the Board of County Commissioners approve the consent
agenda as published for August 10, 2009.

Commissioner
Donnelly moved that the Board of County Commissioners approve the minutes for
the week of August 3, 2009.

Motion
carried 3-0.

3.
REVIEW OF THE SCHEDULE FOR THE WEEK OF AUGUST 17, 2009:

Ms.
Hart reviewed the upcoming schedule with the Board.

4.
CONSENT AGENDA:

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O T I O N

Commissioner
Johnson moved that the Board of County Commissioners approve the consent agenda
for August 11, 2009, as outlined below:

08112009A001 OFFICE
ON AGING TITLE III &/OR STATE FUNDING AGREEMENT BY AND BETWEEN THE BOARD OF
COUNTY COMMISSIONERS OF LARIMER COUNTY FOR THE USE AND BENEFIT OF THE DEPARTMENT
OF HUMAN SERVICES OFFICE ON AGING AND VOLUNTEERS OF AMERICA COLORADO BRANCH

08112009A002 OFFICE
ON AGING TITLE III &/OR STATE FUNDING AGREEMENT BY AND BETWEEN THE BOARD OF
COUNTY COMMISSIONERS FOR THE USE AND BENEFIT OF THE DEPARTMENT OF HUMAN SERVICES
OFFICE ON AGING AND MEALS ON WHEELS OF LOVELAND-BERTHOUD, INC.

08112009A003 ARCHITECT/ENGINEER
SERVICES AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE CONSULTING
ENGINEERING GROUP

Commissioner
Donnelly moved that the Board of County Commissioners convene as the Board of
Equalization.

Motion
carried 3-0.

Ms.
Slusher presented the referee recommendations for the Board of Equalization for
August 4th and 5th 2009, and asked for approval on the
same.

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O T I O N

Commissioner
Johnson moved that the Board of County Commissioners approve the referee
recommendations for the Board of Equalization for August 4th and 5th
2009.

Motion
carried 3-0.

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O T I O N

Commissioner
Donnelly moved that the Board of County Commissioners reconvene as the Board of
County Commissioners.

Motion
carried 3-0.

6.
DISCUSSION ON REGIONAL MODEL EXTENSION:
Dr. Young explained that Larimer
County will be joining forces with Boulder County and sharing Cooperative
Extension expertise across county lines. She requested the Board’s input
regarding future planning and how to structure this effort. Some discussion
ensued and Chair Rennels requested the proposed timeline, so the commissioners
can share this at their citizen meetings.

7.
MOVE SHERIFF’S PERSONNEL VACANCY SAVINGS TO OPERATIONS TO COMPLETE PROJECTS:
Major Nelson stated
that they have two projects in the Sheriff’s Department that must be
completed: painting and resealing the Detention Center before damage to the
building becomes a structural issue; and correct the problems with the door
control system with programming changes and new hardware. Major Nelson
requested the use of $200,000 from their $600,000 personnel vacancy savings, in
order to complete the projects. Discussion ensued with the Mr. Keister and Mr.
Balderson regarding vacancy savings and building improvement priorities.
Commissioner Donnelly asked whether or not the vendor was responsible for
improper programming of the door controls from the beginning. Major Nelson
stated that he was not party to the original agreement with the door control
vendor, but that they have negotiated a price reduction with the vendor in
order to fix the issues at hand.

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O T I O N

Commissioner
Johnson moved that the Board of County Commissioners approve moving $200,000
from the Sheriff’s personnel account to operating to complete the door control
system and the painting of the Detention Center building projects.

Motion
carried 3-0.

8.
EXTENSION OF THE CURRENT WAIVER OF COUNTY PERSONNEL POLICY 902 FOR THE
SHERIFF’S OFFICE: Major
Smith explained that in February 2007, the Sheriff’s Office requested a two-year
waiver of County Personnel Policy 902, which requires all employees to receive
an annual performance evaluation, so they could implement a pilot Performance
Coaching program designed to mentor, coach and track performance. Major Smith
stated that the program has been implemented for approximately one-year, and he
proposed an additional twelve-month extension to allow sufficient time to fully
evaluate this program. Mr. Gamlin stated that Human Resources supports this
request and agreed that it would be beneficial to let the program continue for
an additional twelve-months, evaluate it, and bring it back to the Board with
the findings.

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O T I O N

Commissioner
Donnelly moved that the Board of County Commissioners approve extending the
waiver of County Personnel Policy 902 for twelve-months to allow the Sheriff’s
Office to fully evaluate the effectiveness of its Performance Coaching program
and return to the Board of County Commissioners for a decision on an ongoing
waiver, returning to compliance with County Personnel Policy 902, or another
alternative.

Motion
carried 3-0.

9.
LARIMER COUNTY ROAD 1 PAVING PROJECT:
Mr. McDaniel stated that Larimer County
is partnering with Weld County to pave a portion of the Larimer/Weld County
line road. He explained that Larimer County has applied for a DOLA grant to
help fund the project; however, the grant will not be awarded until late
August, and he provided three options on how to proceed if the grant is not
awarded to Larimer County. Discussion ensued, and the Board was hesitant to
commit to any options without knowing what Weld County or Johnstown was willing
to contribute. Mr. McDaniel stated that he would investigate this, and bring
the issue back to the Board at the next Administrative Matters meeting

10.
BOARDS AND COMMISSIONS APPOINTMENTS TO THE ENVIRONMENTAL ADVISORY BOARD:
Ms. Tokarz
presented the following recommendations to the Environmental Advisory Board:

Ruben
Blanco and Willem Scott, appointed for a 3-year term, beginning August 11,
2009, and expiring June 30, 2010.

Jennifer
Lee and William Zawacki, reappointed for a 3-year term beginning August 11,
2009, and expiring June 30, 2010.

Kimberly
Karish, filling the unexpired 3-year term of Devin Odell, beginning August 11,
2009, and expiring June 30, 2010.

Ryan
McShane, filling the unexpired 3-year term of Mike Erickson, beginning August
11, 2009, and expiring June 30, 2010.

Jarrett
Tishmack, filling the unexpired 3-year term of Heidi Steltzer, beginning August
11, 2009, and expiring June 30, 2010.

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O T I O N

Commissioner
Johnson moved that the Board of County Commissioners approve the appointments
and reappointments to the Environmental Advisory Board, as outlined above.

Motion
carried 3-0.

11.
ASSISTANT COUNTY MANAGER WORKSESSION:
Mr. Gluckman stated that all departments
are looking at cutting their budgets for 2010, and he recommended a reduction
in the amount that is allocated to the Commissioners Special Projects Fund.
The Board agreed that reducing this line item seems appropriate giving the
current budget circumstances.

12.
COMMISSIONER ACTIVITY REPORTS:
The Board reviewed their attendance at
events during the previous week.

13.
LEGAL MATTERS: Ms.
Connors reviewed the findings of the Mishawaka Inn Show Cause Hearing with the
Board. Commissioner Johnson stated that although the owner, Robin Jones, did
violate the liquor code by padlocking the gates, he has demonstrated corrective
action and a desire to become compliant. All Board members concurred with this
assessment, and the following action was taken:

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O T I O N

Commissioner
Donnelly moved that the Board of County Commissioners find a violation of the
liquor code occurred, as set forth in the show cause notice based on the
locking of the exit gates on two separate occasions, as well as exceeding the
occupancy load on one occasion. And further move that the sanction for such
violation be a suspension of the liquor license for a forty-eight (48) hour
period but that such suspension is held in abeyance so long as no further
liquor code violations occur through December 1, 2009.

Motion
carried 3-0.

Ms.
Haag then requested that the Board go into Executive Session for confidential
legal advice.

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O T I O N

Commissioner
Johnson moved that the Board of County Commissioners go into Executive Session for
conferences with an attorney for the purpose of receiving legal advice on
specific legal questions as outlined in 24-6-402-(4) (b) C.R.S.